York's growth ordinance hottest topic on ballot

When residents go to the polls Tuesday, Nov. 3, they will decide whether to keep the growth ordinance, enforce it only in good economic times, or let it expire.

Susan Morse

When residents go to the polls Tuesday, Nov. 3, they will decide whether to keep the growth ordinance, enforce it only in good economic times, or let it expire.

The last two questions on the Nov. 3 ballot, both submitted by citizen petition, keep the growth ordinance in some form, as long as both pass.

Article 17 would keep the current growth ordinance intact. If voters say "yes" to Article 17, the growth ordinance will remain and will be reviewed by selectmen every three years. Any recommendation by the board to repeal, extend or amend the ordinance would be put to a town vote.

If voters say "yes" to Article 18, the growth ordinance would be suspended during times the national unemployment rate exceeds 6.5 percent for three consecutive months. This article would be valid as long as Article 17 also is approved by voters.

If voters pass both articles, it is expected the first would be modified by the second, according to town attorney Durwood Parkinson.

If residents vote "no" to both, the growth ordinance would expire on Nov. 15.

A trickier scenario would be if Article 17 failed and 18 passed. The growth ordinance would be suspended, and then sunset Nov. 15. After that point Article 18 would be moot.

The majority of selectmen, who want the ordinance to expire, recommend a "no" vote on Article 17, and approval of Article 18.

The town's growth ordinance limits the number of residential building permits given out each year to 96, plus five awarded by lottery.

Residents attending public hearings on the petitions this year have voiced strong opinions for and against the growth ordinance.

Those against the measure say there is no need to control growth during a recession.

Those in favor say it's the economy, and not the ordinance, that's currently controlling growth.

In June, the town offered a stimulus package of 44 growth permits to those property owners ready to build right away. Not all were given out, as not enough people came forward. Many who did get a permit wanted it in order to convert a seasonal home to a year-round residence.

The ordinance will be needed when good times return, said Cliff Estes, who was among the petitioners of Article 17.

"York voters need to know that if they want to protect York from excessive residential growth in the future, that they need to vote 'no' on Article 18," he said by e-mail. "Article 18 would indefinitely suspend the residential growth ordinance. Article 18 was proposed by the building industry."

Robert Reed and Dan Remick initiated Article 18.

They and others against the ordinance say there is still a delay of at least two months to get a growth permit, as employees in the town's community development office cull through the waiting list.

In September, there were an estimated 150 names on the growth-permit list, with a wait of up to six months for a building permit. The wait was up to four years two years ago.

"I'm thinking, anything preventing people from building on their property and hiring people to do the work, is negative," said resident Richard Bartlett. "We don't need any constraints right now."

Bartlett was among the original supporters of enacting the growth ordinance in 2000, he said.

"I assisted in bringing it along 10 years ago when it was needed," he said. "Kids were in modular classrooms, there was no constraint to the number of people that were moving into town."

The rising school population increased the tax rate, he said.

School enrollments are now decreasing.

"There's still the same amount of space in school," Bartlett said. "There's room to fill without putting a burden on the taxpayer."

The first petition, which is Article 17, came forward after selectmen voted in August not to hold a public hearing on the growth ordinance, thereby letting it sunset Nov. 15.

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